Establishment of negative list management system for judicial expertise in Chengdu, Sichuan
Date：2017-08-22 Hits：2680
In view of the irregular phenomena existing in the judicial appraisal industry, Sichuan Province has strengthened the connection and coordination between the judicial administrative organs and the court system, innovated the working methods and implemented two-way supervision. It has made a pilot test in Chengdu and jointly formulated and promulgated "Chengdu Intermediate People's Court and Chengdu Judicial Bureau on the establishment of judicial appraisal" in early April this year. Provisions on the management system of "negative list" of institutions (trial implementation) (hereinafter referred to as "Provisions (trial implementation)") effectively regulate the entrustment of judicial expertise and judicial expertise activities, and give full play to the important role of judicial expertise in judicial activities.
First, build “ negative list ” management system. First, build a platform for cooperation. According to the requirements of the Supreme People's Court and the Ministry of Justice "Opinions on Establishing a Linkage Mechanism for the Administration and Use of Judicial Expertise", the Intermediate People's Court of Liaison Municipality has established a platform of & ldquo; negative list & rdquo; and cooperative management. The two is to define functions and responsibilities. The Municipal Intermediate Court shall be responsible for the entrusted appraisal work, organize the parties concerned to negotiate and determine the appraisal institution in the "Roster of National Judicial Experts and Judicial Appraisal Institutions", and appraise the forensic medicine, material evidence, audio-visual materials, environmental damage, etc. The Municipal Judicial Bureau shall be responsible for providing the judiciary registered by the Provincial Judicial Administrative department. The roster of appraisal institutions and personnel shall strengthen the management of the quality, procedures and technical standards of judicial expertise. The three is to achieve information sharing. Establish and improve the dynamic management system, the people's court timely update & ldquo; negative list & rdquo; content, by the judicial administrative organs timely update the judicial appraisal bodies and personnel, so as to achieve synchronous updating, timely exchange of information, and achieve mutual sharing.
Two, establish “ negative list ” management work standard. First, we should clarify the entrusted procedures. The people's court shall issue a power of attorney for judicial appraisal in accordance with the relevant provisions, specifying the name, type, quantity, character and preservation status of the materials submitted for inspection and appraisal. After receiving the entrustment, the judicial appraisal institution shall give written feedback to the entrusted court within seven working days on whether to accept the entrustment and whether to supplement the materials. For the entrustment of complex, difficult or special appraisal matters, the judicial appraisal organ may consult with the people's court to determine the time limit for handling the above-mentioned matters. The two is a clear punishment procedure. The people's court may suspend its entrusted business if it finds that the appraisal institution or appraiser violates the General Principles of Judicial Appraisal Procedure and the relevant provisions of Judicial Appraisal, and inform the judicial administrative organ or issue a judicial proposal. After investigation and confirmation by the judicial administrative organ, it is included in the “ the negative list is ” The three is to define the time limit for penalty. According to the nature and the seriousness of the violations, the time limit for inclusion in “ negative list ” is from three months to one year. The specific time limit is decided by the people's court according to the actual situation and the investigation and suggestion of the judicial administrative organ. The time limit for inclusion in “ negative list ” is calculated from the date of the decision.
Three, strengthen “ negative list ” management guarantee. First, extensive research and scientific demonstration. Lianhe Municipal Intermediate Court organizes relevant functional departments, grass-roots courts and some appraisal bodies to hold working symposiums. It conducts research on the problems existing in the external entrusted appraisal, solicits opinions from various sides, and organizes many meetings to ensure the forward-looking, scientific and operational nature of the Provisions (Trial Implementation). The two is the classification rules. The Provisions (Trial Implementation) stipulates how the people's courts choose appraisal institutions and the supervision functions of judicial administrative departments from four aspects: selection of appraisal institutions, transfer of entrusted materials, inclusion in & ldquo; negative list & rdquo; circumstances and consequences of violations of laws and regulations. It is made clear that the people's court's entrusted appraisal shall be based on the list of external announcements issued by the judicial administrative department, and that the appraisal organs which have been investigated by the judicial administrative department shall no longer be entrusted with the work of entrusted appraisal by the people's court according to the circumstances. The three is the exploration of two-way supervision. The Provisions (Trial Implementation) clarifies that the people's courts in Chengdu will no longer set up a separate roster for foreign entrusted appraisal. All the appraisal institutions registered by the judicial administrative departments can participate in the work of foreign entrusted appraisal by the people's courts, which has taken an important step to improve the unified management system of judicial appraisal.
